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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9307293
Regular
Jan 08, 2016

JUAN GARCIA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board denied the CCPOA Benefit Trust Fund's petition for reconsideration. The lien claimant sought penalties, alleging bad faith because the defendant sent an award payment directly to the lien claimant instead of its hearing representative. The Board found no evidence of unreasonable delay, noting the payment was timely sent to the address on file and promptly cashed by the lien claimant, constituting substantial compliance. The Board also suggested the lien claimant's multiple claims and penalty requests, despite timely payment, could constitute bad faith.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBad Faith ActionsHearing RepresentativeSubstantial ComplianceSanctionsLabor Code Section 5700Legal Services BureauCCPOA Benefit Trust Fund
References
2
Case No. ADJ3578461 (LAO 0850267) ADJ2673172 (LAO 0850268)
Regular
Jun 19, 2014

LUIS GARCIA vs. REGENT MANUFACTURING, INC.

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's prior Order Approving Compromise and Release and Award. The Board rescinded that decision and returned the case to the trial level for further proceedings. This action does not constitute a final decision on the merits, and parties retain the right to seek further reconsideration.

WCABReconsiderationGrant ReconsiderationRescind DecisionFurther ProceedingsCompromise and ReleaseAwardAdministrative Law JudgeTrial LevelApplicant
References
0
Case No. ADJ6575300 ADJ6618808
Regular
Oct 06, 2009

REYNALDO DIATO vs. ADP TOTALSOURCE COMPANY; XXII, INC./RRL/PROVOAST AUTOMATION CONTROLS; AMERICAN HOME ASSURANCE, Administered By SPECIALTY RISK SERVICES

The defendant's petition for reconsideration of a July 16 decision is granted. Further correspondence should be sent to the Workers' Compensation Appeals Board.

DiatoADP TotalSourceXXII Inc.Provoast Automation ControlsAmerican Home AssuranceSpecialty Risk ServicesADJ6575300ADJ6618808Petition for ReconsiderationDecision After Reconsideration
References
0
Case No. ADJ9495798
Regular
Nov 01, 2017

BASILIO LOPEZ HERNANDEZ vs. LYFE KITCHEN OF CALIFORNIA, LLC, THE HARTFORD

A lien claimant filed a petition for removal after an Order to Appear was issued. The WCJ rescinded the Order to Appear within the statutory timeframe, automatically dismissing the petition for removal. Due to an administrative error, the case was improperly sent to the Appeals Board, which now formally dismisses the petition as moot.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearWorkers' Compensation Administrative Law JudgeWCJRescinding OrderLien ClaimantMoot PetitionAdministrative ErrorKatherine Zalewski
References
0
Case No. ADJ4363797 (SJO 0242100)
Regular
Mar 18, 2011

JOHN TRAN vs. TUN KEE NOODLE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES GROUP

This case involves a Petition for Reconsideration filed by both a lien claimant and the defendant regarding a prior decision. The Workers' Compensation Appeals Board granted reconsideration to allow for a more thorough review of the factual and legal issues. The Board requires further study to ensure a just and reasoned decision. All future communications must be sent to the Appeals Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationTun Kee NoodleCalifornia Insurance Guarantee AssociationCambridge Integrated Services GroupLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
0
Case No. ADJ3083395 (BAK 146844)
Regular
Nov 20, 2008

Susan Lindley vs. PANAMA BUENA VISTA UNION SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed a finding that an applicant sustained an industrial injury while on paid administrative leave from her employer. The applicant was sent home to await a call from her employer and injured herself while performing a household chore during her paid work hours. The Board applied the "personal convenience" doctrine, deeming the applicant's actions reasonably contemplated by her employment situation.

Workers' Compensation Appeals BoardSusan LindleyPanama Buena Vista Union School Districtbus driver trainerindustrial injuryleft elbowarose out of employmentin the course of employmentpaid administrative leavepersonal convenience doctrine
References
5
Case No. ADJ1229365 (SBR 0302024)
Regular
Jan 31, 2012

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the defendant requested it, and the Board needs more time to fully study the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision. All further filings in this matter must be sent directly to the WCAB's San Francisco office and not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationCounty of San BernardinoPermissibly Self-InsuredLien ClaimantArrowback Medical GroupHarold HansenOpinion and OrderStatutory Time Constraints
References
0
Case No. ADJ445542
Regular
Feb 06, 2014

IBRAHIM ABDULLAH vs. RUBEN ZALDANA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the original decision. The Board found that alleged ex parte communications were not improper as they were sent to the applicant's attorney. Furthermore, any other alleged rule violations were deemed waived by the applicant. The applicant's contentions regarding the admissibility of medical reports and the weight of evidence were rejected, adopting the WCJ's reasoning.

Panel QMEConsulting PhysicianEx Parte CommunicationLabor Code §4062.3Discovery ProcessAdmissibility of Medical ReportsSubstantial Medical EvidenceAggravation of DiabetesPre-existing ConditionMedical Treatment
References
1
Case No. ADJ6660217
Regular
Jul 24, 2013

JOSE CASTELLANOS vs. DENNIS PLATT GENERAL CONTRACTOR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration. The lien claimant's lien was dismissed for failure to pay the required activation fee prior to a lien conference. The Board found that notice of the hearing was properly sent, and therefore the lien claimant's assertion of non-receipt was unpersuasive. Consequently, dismissal of the lien for non-payment of the activation fee was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantLabor Code section 4903.6(b)WCJEAMSLien conferenceActivation feeDismissal with prejudiceDeclaration of readiness
References
0
Case No. ADJ10280384
Regular
Sep 28, 2016

Maximiliano Altamirano vs. Rapid Anodizing Inc., State Compensation Insurance Fund

This case involves an applicant who filed a Petition for Removal after his request for trial on the issue of industrial injury was denied, and his matter was set for a Mandatory Settlement Conference. However, applicant's counsel subsequently sent a letter requesting the Petition for Removal be withdrawn, as the defendant insurer had apparently accepted the claim and was paying benefits. The Workers' Compensation Appeals Board honored this request. Therefore, the applicant's Petition for Removal was dismissed.

Workers Compensation Appeals BoardPetition for RemovalOrder and Decision on Request for a ContinuanceWorkers Compensation Administrative Law Judgeinjury arising out of and occurring in the course of employmentMandatory Settlement ConferenceState Compensation Insurance FundPetition withdrawnElectronic Adjudication Management SystemEAMS
References
1
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